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(영문) 서울중앙지방법원 2014.10.08 2008고단7145
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 25, 2008, at least 20:30, the Defendant assaulted the above G by making the Defendant spawn around the entrance fee book by taking once a drinking-in part in G police officers belonging to the first Dong-dong Group F of the Seoul Metropolitan Police Agency, the first Dong-dong Group F, who want to arrest the Defendant who participated in the demonstration near the exit area of Jongno-gu Seoul, Jongno-gu, Seoul, and by cutting off the breath of the above G while entering the escort bus.

Accordingly, the defendant assaulted police officers, thereby obstructing the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness I in the third protocol of the trial; the witness G, H and the fourth protocol of the trial;

1. In the course of arresting the Defendant in the act of committing an offense, the investigative report(s) and documentary evidence (Evidence No. 430 pages) [the Defendant did not assault the police officer G, and the said police officer, etc. did not notify the police officer of the doctrine of Disturbance in arresting the Defendant. However, according to the above evidence, the above G, etc. notified of the doctrine of Disturbance in the process of arresting the Defendant as an offender in the act of committing an offense, and the said Defendant is sufficiently recognized to have used violence against the above G in the process of resistance to the arrest, and thus, the above argument is groundless] of the law applicable

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The fact that the punishment of Articles 70(1) and 69(2) of the Criminal Act is not good, such as assaulting a police officer on the ground of the sentencing of a police officer on official duty, etc., and denying the above criminal facts, considering unfavorable circumstances. However, the punishment as ordered shall be determined by considering the fact that the defendant is a primary offender, the circumstances leading up to the crime of this case, the age, character and conduct of the defendant, and the circumstances of sentencing indicated in the record.

Parts of innocence

1. A summary of the facts charged to a civil society organization of 1,500 on May 6, 2008, including the Korean Film Association and the Joint and Several Participants, etc., is “a civil society organization.”

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